DOCSLIB.ORG

SAFEGUARDING AGAINST DISTORTIONS of SCIENTIFIC RESEARCH in FEDERAL POLICYMAKING by Melissa L

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
SAFEGUARDING AGAINST DISTORTIONS of SCIENTIFIC RESEARCH in FEDERAL POLICYMAKING by Melissa L Copyright © 2021 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. COMMENTS SAFEGUARDING AGAINST DISTORTIONS OF SCIENTIFIC RESEARCH IN FEDERAL POLICYMAKING by Melissa L . Kelly, Genna Reed, Gretchen T . Goldman, and Jacob M . Carter Melissa L. Kelly is Staff Director and Attorney at the University of California, Irvine School of Law’s Center for Land, Environment, and Natural Resources (CLEANR). Genna Reed is Senior Analyst in the Center for Science and Democracy at the Union of Concerned Scientists (UCS). Gretchen T. Goldman is Research Director of the Center for Science and Democracy at UCS. Jacob M. Carter is a Research Scientist in the Center for Science and Democracy at UCS. he appropriate use of science in policymaking and regulated industries have served as fertile ground for depends upon integrity in scientific research and in the Donald Trump Administration’s unprecedented efforts the ways in which that research is communicated to sideline scientists, defund and disregard research, and Tand applied throughout the policymaking process. Exist- dismantle the institutional means by which science can ing rules and norms concerning conflicts of interest among inform government policy.1 Long-held rules and norms agency leaders, advisors, federal employees, and lawmakers regarding the barriers that should exist between decision- demonstrate an understanding that sound policy decisions makers and industries affected by policy outcomes are require the independence of scientists and the impartial- eroding, pointing toward a need to strengthen how con- ity of regulators. Conflicts of interest introduce the poten- flicts of interest are handled in the federal government. tial for bias and interference with research and regulation, On May 22, 2019, the University of California, Irvine not only undermining agencies’ abilities to develop and School of Law’s Center for Land, Environment, and Natu- implement the best possible science-based policies, but also ral Resources (CLEANR) and the Center for Science and contributing to the erosion of public confidence in both Democracy at the Union of Concerned Scientists (UCS) science and government. convened a roundtable that brought together leading sci- In spite of these enduring concerns, ambiguity regard- entists, scholars, advocates, and policymakers to explore ing what constitutes a conflict of interest in science and potential safeguards to protect scientific research and its policymaking, as well as historically persistent ties between use in federal policymaking.2 The roundtable discussion regulatory agencies, advisory committees, lobbying firms, 1. Emily Berman & Jacob Carter, Scientific Integrity in Federal Policymaking Authors’ Note: The authors would like to thank Michael Under Past and Present Administrations, 13 J. Sci. Pol’y & Governance 1 (2018). Robinson-Dorn, University of California, Irvine School of 2. Participants included Mustafa Santiago Ali (Environmental Justice, Cli- Law clinical professor of law and member of CLEANR’s mate, and Community Revitalization, National Wildlife Federation), Advisory Committee, for his critical role in developing the Jay Austin (Environmental Law Institute), Emily Berman (UCS), Ja- cob Carter (UCS), Joel Clement (Harvard University Belfer Center for May 2019 roundtable and his invaluable input on this Com- Science and International Affairs; UCS), Anita Desikan (UCS), Holly ment. They also thank all the roundtable participants for Doremus (University of California, Berkeley School of Law), Victor B. their meaningful contributions; participants Martha Kinsella, Flatt (University of Houston Law Center), Robert L. Glicksman (George Washington University Law School), Gretchen Goldman (UCS), Shaina Brennan Center for Justice, Sidney Shapiro, Wake Forest Goodman (National Partnership for Women and Families), James Good- University School of Law, and Wendy Wagner, University win (Center for Progressive Reform), Michael Halpern (UCS), Adrienne of Texas, Austin School of Law, for their time and thoughtful Hollis (UCS), Rush Holt (American Association for the Advancement of Science), Peter Jenkins (Public Employees for Environmental Responsibil- comments on this Comment; Gabriel Weil, Climate Leader- ity), Melissa Kelly (University of California, Irvine School of Law), Mar- ship Council, for his contribution as a roundtable participant tha Kinsella (Brennan Center for Justice), Lauren Kurtz (Climate Science and former CLEANR fellow; and University of California, Legal Defense Fund), David Michaels (George Washington University School of Public Health), Amit Narang (Public Citizen), Genna Reed Irvine School of Law student Daniel Kolko and CLEANR re- (UCS), Michael Robinson-Dorn (University of California, Irvine School search assistant Neil Dy for their research support. of Law), Andrew Rosenberg (UCS), Sidney Shapiro (Wake Forest Univer- 51 ELR 10014 ENVIRONMENTAL LAW REPORTER 1-2021 Copyright © 2021 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. focused on agencies tasked with protecting environmen- violated federal ethics requirements when he met with his tal and human health, including the U.S. Environmental former employer about matters he previously worked on— Protection Agency (EPA), the U.S. Department of the directly weakening endangered species protections.7 Interior (DOI), and the National Oceanic and Atmo- Unfortunately, DOI is not unique in this respect. Across spheric Administration (NOAA). Based on the discussions federal agencies under the Trump Administration, con- at that roundtable, CLEANR and UCS offer the follow- flicted appointments and ethics failures have resulted in ing recommendations for the executive branch, the U.S. policy agendas that prioritize industry preferences over the Congress, and federal agencies to better protect against public interest, with very few checks. conflicts of interest, and to secure and advance the role of Historically, presidents have understood that certain science in policymaking. critical positions require specialized skills or expertise. This Comment expands upon the recommendations Although, “[i]n recent years, presidents have increasingly CLEANR and UCS proposed in the September 2020 fact appointed people—often former associates or political sheet, Conflicts of Interest at Federal Agencies: Recom- allies—without the requisite qualifications for impor- mendations for 2021 and Beyond.3 Part I focuses on con- tant positions,” and the Trump Administration has not flict-of-interest recommendations pertaining to political only “embraced candidates who lack relevant qualifica- appointees, Part II on federal advisory committees (FACs), tions,” but even those who are “opposed to the objectives Part III on the scientific peer review process, and Part IV of the office or agency they have been tapped to lead.”8 on oversight and enforcement. Part V concludes. For example, President Trump nominated Sam Clovis as U.S. Department of Agriculture chief scientist despite his lack of a hard science degree, open skepticism of climate I. Political Appointments science, and statement that President Trump’s agricul- ture policy would focus “heavily on trade and regulatory issues, not the impacts of increased heat waves, droughts A. Protect Against the Appointment and and other impacts of rising global temperatures.”9 Most Undue Influence of Individuals With recently, David Legates was hired as NOAA’s deputy Conflicts of Interest assistant secretary of commerce for observation and pre- diction.10 He holds this high-level position at an agency Political appointments during the Trump Administration whose mission is to predict changes in climate, despite his have been fraught with conflicts of interest pertaining to long history of questioning well-founded climate science the specific individuals appointed.4 Appointments for pow- and his affiliation with the Heartland Institute—a climate erful DOI positions, for example, went to individuals who denialist think-tank.11 have previously lobbied for the fossil fuel industry. Former The appointment of unqualified individuals to criti- Interior Secretary Ryan Zinke keynoted a Louisiana Oil cal government positions undermines the public’s faith in and Gas Association luncheon, where he declared, “Our government, and politicizes traditionally nonpartisan gov- government should work for you, the oil and gas industry.”5 ernment functions such as scientific research.12 Stronger, His successor, Interior Secretary David Bernhardt, also enforceable protections are needed to address conflicts of engaged on issues while in office that were part of his port- interest and protect against the improper influence of sci- folio as a lobbyist. For example, before serving as Secretary, entific research and policymaking. CLEANR and UCS Mr. Bernhardt sought to loosen protections for endangered recommend that Congress take the following actions: fish as a lobbyist and lawyer for Westlands Water District in California’s Central Valley.6 These are not isolated exam- ples. DOI’s Inspector General (IG) investigated the actions of Assistant Secretary Douglas Domenech and found he sity School of Law), Patrice Simms (Earthjustice), Ciara Torres-Spelliscy (Stetson University College of Law), Wendy E. Wagner (University of 7. Office of Inspector General, DOI, Investigative Report of Alleged Texas at Austin School of Law), Romany Webb (Columbia Law School Ethics
Load more

Recommended publications
  • MEMO Why Montanans Oppose Acting BLM Director William Perry
    MEMO TO: Montana Reporters and MCV Members FROM: Whitney Tawney Deputy Director, Montana Conservation Voters July 27, 2020 Why Montanans Oppose Acting BLM Director William Perry Pendley Unconfirmed Director Has a Long History Fighting Against Public Lands BACKGROUND On June 30, President Donald Trump formally nominated William Perry Pendley to be Director of the Bureau of Land Management. Pendley has served as the agency’s acting director, without Senate confirmation as required by the Constitution, since July of 2019. Pendley’s controversial nomination comes on the heels of MCV’s letter asking Montana’s congressional delegation for an up or down confirmation vote on his position at the BLM. Only Senator Jon Tester responded in agreement, while Senator Steve Daines has called concerns about Pendley “overblown” and said he’s “not found a reason to be against him.” On July 20, Montana Governor Steve Bullock filed a lawsuit against Pendley and the BLM for continuing to serve as acting director without a Senate confirmation as the U.S. Constitution requires. “Pendley lacks legal authority to direct the Bureau of Land Management and because Pendley’s conduct as acting director harms the State and the people of Montana,” Bullock’s complaint adds. MCV and its members, along with many others who champion public lands in Montana, have plenty of reasons to oppose William Perry Pendley. During the July 24 episode of MCV’s new podcast, MCVcast, guest Tracy Stone-Manning (former Director of the Montana Department of Environmental Quality) said: “Mr. Pendley doesn’t believe in public lands; he believes they should not exist….He’s completely unfit for the job….We need somebody in that position who believes deeply in the mission of the agency, and who understands the remarkably beautiful, unique, shared asset that we all have called public lands.” The BLM oversees more than a quarter billion acres of federal public land across the U.S., including nearly 8 million BLM surface acres in Montana.
    [Show full text]
  • William Perry Pendley Is Unfit to Lead the Bureau of Land Management
    William Perry Pendley Is Unfit To Lead The Bureau Of Land Management William Perry Pendley Has A Long History Of Racism William Perry Pendley Worked With Noted Racist Kris Kobach To Defend Illegal Anti-Immigrant Ordinances In Hazleton, PA. In 2006, The Town Of Hazelton, PA Passed Draconian Ordinances Targeting Immigrant Communities And Was Sued By Civil Rights Lawyers. “Backed by 24 lawyers from three civil rights organizations and five private law firms, 11 individuals and three businesses and charitable organizations filed a lawsuit against the city last week in federal court in Scranton, seeking to have the ordinance declared unconstitutional. The ordinance, passed in July, makes English the official language in the city, fines landlords $1,000 a day for knowingly renting to illegal aliens, and revokes business licenses of merchants who knowingly employ them.” [Wilkes Barre Times- Leader, 08/21/06] William Perry Pendley Joined Anti-Immigrant Attorney Kris Kobach In Defending Hazleton’s Law. “The city has hired the U.S. Attorney General's former chief immigration law adviser to defend the city's Illegal Immigration Relief Act ordinance in court. Mayor Louis Barletta said on Sunday that he has also accepted offers of pro bono legal assistance on the case from two nonprofit legal foundations Mountain States Legal Foundation and the Federation for American Immigration Reform. [...] Barletta said he sought help from Kris W. Kobach, an immigration attorney and professor of law at the University of Missouri-Kansas City School of Law, and Kobach agreed to take the case.” [Wilkes Barre Times-Leader, 08/21/06] • Kris Kobach Is A Noted Racist Who Is Affiliated With Groups Identified By The Southern Poverty Law Center As Hate Groups.
    [Show full text]
  • A Full Plate of Public Lands Issues—And Trump Rollbacks—For Deb
    https://insideclimatenews.org/news/22022021/whats-on-interiors-to-do-list-a-full-plate-of- public-lands-issues-and-trump-rollbacks-for-deb-haaland/ What’s On Interior’s To-Do List? A Full Plate of Public Lands Issues—and Trump Rollbacks—for Deb Haaland The Interior nominee would be the first Native American cabinet secretary if she wins Senate confirmation following hearings that begin Tuesday. By Judy Fahys February 22, 2021 U.S. Rep. Deb Haaland (D-NM), President-elect Joe Biden's choice for Interior Secretary, at the U.S. Capitol in January 2019. Credit: Chip Somodevilla/Getty Images • • Public lands are set to play a pivotal role in the Biden administration’s ambitious climate change agenda. The national parks, wildlife refuges and national recreation areas overseen by the U.S. Department of the Interior have been little-appreciated as climate solutions, even though they’re crucial sinks for greenhouse gas emissions. But Interior lands are also part of the nation’s climate problem, since they hold vast reserves of fossil fuels that, when extracted and burned, generate climate pollution. President Joe Biden began dismantling some pro-drilling policies within hours of being sworn in, but applying a climate-action mindset to day-to-day decisions, not only at Interior but throughout the federal government, will take much longer and could prove much harder. With public lands accounting for nearly one-quarter of the nation’s climate pollution, the new administration’s success—and the durability of its agenda—depends partly on clearing away obstacles from the Trump era.
    [Show full text]
  • Wild Horse and Burro Advisory Board October 2020 Meeting Minutes Draft
    20 F St NW Conference Center Washington, DC 20001 October 30-31, 2019 Volume 1 Day 1 Meeting Minutes NATIONAL WILD HORSE & BURRO U. S. Department of the Interior Bureau of Land Management ADVISORY BOARD Contents WEDNESDAY, OCTOBER 30, 2019 ................................................................................................................. 2 WELCOME .............................................................................................................................................................................................. 2 RULES OF THE ROOM .............................................................................................................................................................................. 2 INTRODUCTIONS ..................................................................................................................................................................................... 3 OPENING REMARKS ................................................................................................................................................................................ 3 BLM DIRECTOR REMARKS .................................................................................................................................................................... 3 WELCOME TO BLM EASTERN STATES ................................................................................................................................................... 4 EASTERN STATES WILD HORSE AND BURRO PROGRAM OVERVIEW
    [Show full text]
  • A Community Divided
    An archaeology whistleblower speaks out When conservation is a trigger word A COMMUNITY Living on the edge of a tsunami DIVIDED Vol. 52 / December 2020 How a fierce debate over morality and money No. 12 • hcn.org played out in one Wyoming town. EXECUTIVE DIRECTOR/PUBLISHER Greg Hanscom INTERIM EDITOR-IN-CHIEF Katherine Lanpher ART DIRECTOR Cindy Wehling FEATURES DIRECTOR McKenna Stayner MANAGING DIGITAL EDITOR Gretchen King ASSOCIATE EDITORS Emily Benson, Paige Blankenbuehler, Graham Lee Brewer, Maya L. Kapoor PHOTO EDITOR Roberto (Bear) Guerra ASSOCIATE PHOTO EDITOR Luna Anna Archey ASSISTANT EDITORS Jessica Kutz, Carl Segerstrom, Anna V. Smith EDITOR AT LARGE Betsy Marston COPY EDITOR Diane Sylvain CONTRIBUTING EDITORS Nick Bowlin, Elena Saavedra Buckley, Kalen Goodluck, Ruxandra Guidi, Jane C. Hu, Nijhel Motley and his horse, Little Bits, part of a Phoenix riding group called “As the Crows Fly,” which is training for the Michelle Nijhuis, Jonathan Thompson annual Arizona Black Rodeo. Roberto (Bear) Guerra / HCN CORRESPONDENTS Leah Sottile, Sarah Tory EDITORIAL INTERNS Jessica Douglas, Victoria Petersen, Eric Siegel DIRECTOR OF PHILANTHROPY Alyssa Pinkerton SENIOR DEVELOPMENT OFFICER Paul Larmer DEVELOPMENT ASSOCIATES Hannah Stevens, Carol Newman DIRECTOR OF PRODUCT & MARKETING Gary Love EVENTS & BUSINESS PARTNER COORDINATOR Laura Dixon IT MANAGER Alan Wells DIRECTOR OF OPERATIONS Erica Howard ACCOUNTS ASSISTANT Mary Zachman Know CUSTOMER SERVICE MANAGER Kathy Martinez CUSTOMER SERVICE Karen Howe, Shannon Kinne, Mark Nydell, Pamela Peters, Tammy York the GRANT WRITER Janet Reasoner FOUNDER Tom Bell BOARD OF DIRECTORS Brian Beitner (Colo.), John Belkin (Colo.), West. Seth Cothrun (Ariz.), Jay Dean (Calif.), Bob Fulkerson (Nev.), Wayne Hare (Colo.), High Country News is an independent, reader-supported nonprofit 501(c)(3) media organization that covers the important Laura Helmuth (Md.), Samaria Jaffe (Calif.), issues and stories that define the Western U.S.
    [Show full text]
  • Read the Fall 2020 Monitor!
    THE PUBLIC LANDS Monitor P.O. Box 7226, Arlington, VA 22207 www.publicland.org For America’s Heritage 703-935-0916 [email protected] VOLUME XXXIII No. 3 FALL QUARTER 2020 2020 PLF ANNUAL MEETING – VIRTUAL SEPTEMBER 14-16, 2020 Editors Due to the COVID-19 pandemic, the Tuesday, September 15 Ray Brady Margaret Lliteras PLF 2020 Annual Meeting was held on General Meeting—Wildlife September 14 – 16 as a Virtual Meeting Migration Corridors and Board of Directors President Ed Shepard using ZOOM technology. The Board Sage-Grouse Vice Pres. Don Simpson of Directors met on September 14 and VP-DC Affairs Ray Brady 16, and a General session was held on • Presentation by Dwayne VP-Ops Beau McClure Secretary Ray Brady September 15 to provide an opportunity Spencer, Acting Wyoming Treasurer Dwight Hempel for BLM Wyoming to talk about wildlife BLM State Director Student Congress AnnaFaith Jorgensen migration corridors and sage-grouse Ex Officio NAFSR management. The ZOOM sessions • Presentation by Kimberlee James Caswell Past Pres. George Lea were limited to two-hour timeframes Foster, BLM Rock Springs Henri Bisson and a YouTube link was provided for Field Manager Ed Shepard Jesse Juen those who wanted to join the BLM Wyoming presentations on September • Presentation by Angi Bruce, Directors-at-Large Deputy Director, Wyoming Tom Allen 15. The meeting was productive, but Dean Bibles would not have been possible without Game & Fish Department Ray Brady Glen Collins the preplanning by Beau McClure, PLF Jim Currivan Vice President for Operations; and Bill • Presentation by Bob Budd, Mike Ferguson Director, Wyoming Wildlife Walt George LeBarron, PLF State Representative for Eric Janes & Natural Resource Trust John Kwiatkowski Wyoming; and the technical assistance Van Manning of George Stone and Mary Trautner.
    [Show full text]
  • May the President Work Around Senate Confirmation?
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2020 The Permissibility of Acting Officials: yMa the President Work around Senate Confirmation? Nina A. Mendelson Available at: https://repository.law.umich.edu/articles/2246 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, and the President/Executive Department Commons 07. MENDELSON_FINAL_FORMATED (ARTICLE 1) (DO NOT DELETE) 11/30/2020 1:14 PM ARTICLES THE PERMISSIBILITY OF ACTING OFFICIALS: MAY THE PRESIDENT WORK AROUND SENATE CONFIRMATION? NINA A. MENDELSON* Recent presidential reliance on acting agency officials, including an acting Attorney General, acting Secretaries of Defense, and an acting Secretary of Homeland Security, as well as numerous below-Cabinet officials, has drawn significant criticism from scholars, the media, and members of Congress. They worry that the President may be pursuing illegitimate goals and seeking to bypass the critical Senate role under the Appointments Clause. But Congress has authorized—and Presidents have called upon—such individuals from the early years of the Republic to the present. Meanwhile, neither formalist approaches to the constitutional issue, which seem to permit no flexibility, nor current Supreme Court doctrine, which contributes few bounds on acting officials, satisfactorily answer how much latitude a president should have to work around Senate confirmation. * Joseph L. Sax Collegiate Professor of Law, University of Michigan Law School. This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by- nc/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA.
    [Show full text]
  • Does Trump Want to Dismantle BLM?
    Does Trump want to dismantle BLM? https://www.eenews.net/greenwire/2019/07/30/stories/1060812289 Scott Streater, E&E News reporter Published: Tuesday, July 30, 2019 Critics wonder if recent Interior Department moves are part of an effort to dismantle the Bureau of Land Management. Worthpoint Current and former Bureau of Land Management officials and longtime observers say recent Trump administration moves raise serious questions about the future of the nation's largest landowner. The appointment of a conservative lawyer to lead the bureau, coupled with the earlier proposal to relocate BLM's headquarters out West, have led some to ask: Is the Trump administration trying to essentially tear down BLM? Steve Ellis, the bureau's former deputy director of operations who retired in 2016, said the answer to that question is yes. "At the end of the day, it is about dismantling BLM," Ellis said. "When you connect the dots, it's not hard to see that is the administration's goal. America's public land heritage is at risk." Ellis is not alone in that opinion after Interior Secretary David Bernhardt in the last two weeks has proposed moving the bureau's Washington, D.C.-based headquarters primarily to Grand Junction, Colo., and formally appointed William Perry Pendley as BLM acting director. William Perry Pendley. BLM The appointment of Pendley is particularly troublesome for some current and former officials. Pendley is an outspoken proponent of selling or transferring federal lands to individual states, and as a lawyer and former president of the Mountain States Legal Foundation, he and the foundation have represented various industries and local governments in litigation challenging Interior's ability to manage federal lands.
    [Show full text]
  • Guide to Wyoming and the West Collections
    American Heritage Center University of Wyoming Guide to Wyoming and the West Collections Compiled By Rick Ewig, Lori Olson, Derick Hollingsworth, Renee LaFleur, Carol Bowers, and Vicki Schuster (2000) 2013 Version Edited By: Tyler Eastman, Andrew Worth, Audrey Wilcox, Vikki Doherty, and Will Chadwick (2012-2014) Introduction The American Heritage Center (AHC) is the University of Wyoming’s (UW) repository for historical manuscripts, rare books, and university archives. Internationally known for its historical collections, the AHC first and foremost serves the students and citizens of Wyoming. The AHC sponsors a wide range of scholarly and popular programs including lectures, symposia, and exhibits. A place where both experts and novices engage with the original sources of history, access to the AHC is free and open to all. Collections at the AHC go beyond both the borders of Wyoming and the region, and support a wide range of research and teachings activities in the humanities, sciences, arts, business, and education. Major areas of collecting include Wyoming and the American West, the mining and petroleum industries, environment and natural resources, journalism, military history, transportation, the history of books, and 20th century entertainment such as popular music, radio, television, and film. The total archival holdings of the AHC are roughly 75,000 cubic feet (the equivalent of 18 miles) of material. The Toppan Rare Books Library holds more than 60,000 items from medieval illuminated manuscripts to the 21st century. Subject strengths include the American West, British and American literature, early exploration of North America, religion, hunting and fishing, natural history, women authors, and the book arts.
    [Show full text]
  • Sedfi Me Court of Iltniteb State
    Supreme Court U.,S. MOTION FILED No. 08-571 DEC - William K. Suter, ~n ~l~e SEdfi me Court of iltniteb State ELKOCOUNT% NEVADA, Petitioner, THE WILDERNESS SOCIETY; GREAT OLD BROADS FOR WILDERNESS; UNITED STATES OF AMERICA; AND JOHN C. CARPENTER, INDIVIDUALLY AND AS AGENT FOR CITIZENS UNITED FOR THE SOUTH CANYON ROAD, Respondents. On Petition For Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND AMICUS CURIAE BRIEF OF MOUNTAIN STATES LEGAL FOUNDATION IN SUPPORT OF PETITIONER STEVEN J. LECHNER Counsel of Record WILLIAM PERRY PENDLEY MOUNTAIN STATES LEGAL FOUNDATION 2596 South Lewis Way Lakewood, Colorado 80227 (303) 292-2021 Attorneys for Amicus Curiae COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF Pursuant to Supreme Court Rule 37.2(b), Moun- tain States Legal Foundation ("MSLF") respectfully requests leave of this Court to file the accompanying amicus curiae brief, in support of Petitioner. Peti- tioner, Respondent, United States of America, and Respondent, John C. Carpenter, granted consent to MSLF to file an amicus curiae brief. Respondents, The Wilderness Society and Great Old Broads for Wilderness, however, withheld consent. As demonstrated in the Identity and Interest section of the accompanying amicus curiae brief, MSLF may be adversely affected by the Ninth Cir- cuit’s decision in the instant case and believes that its amicus curiae brief will bring relevant matters to this Court’s attention. As a result, MSLF respectfully requests that its Motion for Leave to File Amicus Curiae Brief be granted.
    [Show full text]
  • Case 4:20-Cv-00062-BMM Document 33 Filed 10/16/20 Page 1 of 10
    Case 4:20-cv-00062-BMM Document 33 Filed 10/16/20 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION STEVE BULLOCK, in his official capacity as Governor of Montana; MONTANA 4:20-cv-00062-BMM DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, ORDER Plaintiffs, vs. UNITED STATES BUREAU OF LAND MANAGEMENT, an agency within the United States Department of the Interior; WILLIAM PERRY PENDLEY, in his official capacity as the person exercising authority of the Director of the Bureau of Land Management; UNITED STATES DEPARTMENT OF THE INTERIOR; DAVID BERNHARDT, in his official capacity as Secretary of the United States Department of the Interior, Defendants. BACKGROUND The Governor of Montana and the Montana Department of Natural Resources and Conservation (“Plaintiffs”) brought this action against the U.S. Bureau of Land Management (“BLM”), William Perry Pendley in his official capacity, and various government agencies and agents in their official capacities Case 4:20-cv-00062-BMM Document 33 Filed 10/16/20 Page 2 of 10 (together, “Federal Defendants”). Plaintiffs alleged that Pendley unlawfully served as Acting BLM Director in violation of the Appointments Clause of the U.S. Constitution, the Federal Vacancies Reform Act of 1998 (“FVRA”), and the Administrative Procedure Act (“APA”). (Doc. 1). Plaintiffs filed what they fashioned as an Expedited Motion for Summary Judgment on August 20, 2020. (Doc. 10). The Court held a hearing on the Motion for Summary Judgment on September 21, 2020. The Court granted Plaintiff’s Motion for Summary Judgment in an Order on September 25, 2020 (“September Order”).
    [Show full text]
  • MESSENGER Vol
    Western Watersheds Project MESSENGER Vol. XXVII, No. 2 Fall 2020 WWP’s Ongoing Advocacy for the Great Bears WWP Takes on William Perry Pendley Lawsuit Spurs Loss of Permit for Arizona Ranchers © PAT CLAYTON FISHEYEGUYPHOTOGRAPHY.COM CLAYTON © PAT Working to protect and restore western watersheds and wildlife through education, public policy initiatives, and legal advocacy. www.westernwatersheds.org ♺ Printed on 100% Post Consumer Waste ♺ Western Watersheds Project Western Watersheds Project Staff Erik Molvar ....................................................Executive Director Greta Anderson ................................................Deputy Director MESSENGER Adam Bronstein ..................................................Idaho Director Talasi Brooks ..........................................................Staff Attorney Melissa Cain ................................Bighorn Conservation Director Laura Cunningham ........................................California Director Table of Contents Kelly Fuller..........................Energy & Mining Campaign Director Jeremy Greenberg ......................................Operations Director Jocelyn Leroux ........................Washington & Montana Director WWP’s Ongoing Advocacy for the Great 3 Josh Osher ..........................Montana Director & Policy Director John Persell ............................................................Staff Attorney Bears Jocelyn Leroux Jonathan Ratner ................Colorado, Wyoming & Utah Director After the grizzly re-listing, WWP fights for bears
    [Show full text]